Talafua and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, Mr. Talafua, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to mandatorily cancel his Class TY (subclass 444) visa under section 501CA(4) of the *Migration Act 1958* (Cth) on the grounds that he did not pass the character test due to having a substantial criminal record. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the discretion to refuse to grant the visa should be exercised, considering Ministerial Direction No. 90, and specifically the interests of minor children.

The Tribunal was tasked with assessing whether the applicant's circumstances warranted the exercise of discretion to revoke the visa cancellation. This involved a comprehensive review of the applicant's history, including his mental health, criminal offending, and personal circumstances, in light of the criteria set out in Ministerial Direction No. 90. The Direction requires consideration of various factors, including the risk to the Australian community, the best interests of minor children in Australia, and expectations of the Australian community.

The Tribunal's reasoning focused on the applicant's mental health, particularly his diagnosis of schizophrenia, which was found to be in remission and manageable with medication. It also considered the nature of his offending, which included historical and more recent armed robberies, and the applicant's remorse and remorseful behaviour. Crucially, the Tribunal found that there was "another reason" pursuant to s501CA(4)(b)(ii) to revoke the cancellation, indicating that the specific circumstances of the case, when weighed against the relevant Direction, favoured the applicant.

The Tribunal set aside the decision under review and substituted it with a decision that the cancellation of the applicant's visa be revoked.